Sunil Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69881 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- JAMUI District- Jamui ====================================================== SUNIL PANDIT Son of Bambam Pandit @ Ramashish Pandit R/O - Krishnapatti, Mohalla - Mahisodhi, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP Mr. Sunil Kumar Singh, Adv.

Mr. Kumar Devashish, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Jamui P.S. Case No. 235 of 2019, disclosing the offence under Sections 302/34, 201 and 120-B of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner appears to be correct in his submission that the petitioner was named in the FIR only on the basis of suspicion of the informant. He has submitted that there are three persons named in the FIR, out of whom, Bantu Rawat, who is similarly circumstanced, has been allowed regular bail by an order of this Court dated 21.11.2019, passed in Cr. Misc. No. 60290 of 2019. Petitioner is in custody since 24.07.2019.

Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for regular bail and has

Patna High Court CR. MISC. No.69881 of 2019(2) dt.18-12-2019 2/2 submitted that it has come during course of investigation that the deceased was last seen with the petitioner and other named co-accused persons and, therefore, the suspicion expressed by the informant in the FIR stands vindicated.

Be that as it may, I am convinced with the submission advanced on behalf of the petitioner that the petitioner's case is similarly situated with that of co-accused Bantu Rawat, who has been allowed regular bail by this Court, as noted above. Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned CJM, Jamui in Jamui P.S. Case No. 235 of 2019.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T